TapTechNews August 21 news, recently, in the case of the network tort liability dispute between Lenovo Group (the plaintiff) and the Weibo user Universal Big Bear (the defendant), after the Beijing Internet Court accepted the case, it applied the ordinary procedure in accordance with the law, and the judge alone held a public hearing. The first-instance judgment was that Lenovo Group won. The judgment required the defendant Universal Big Bear to apologize to Lenovo Group and pay more than 160,000 yuan for economic losses and related expenses.
The cause of this case was that after the Lenovo Innovative Technology Conference in October 2023, the Weibo account Universal Big Bear fabricated and posted on Weibo without any factual basis, saying Lenovo announced a cooperation with NVIDIA, and Lenovo President Yang Yuanqing also specifically emphasized that they have never considered cooperating with Huawei. [Smiley face]. After this Weibo was sent out, it triggered a large number of negative comments and attacks on Lenovo in the comment area.
TapTechNews noticed that the judgment stated: In this case, the defendant knew that the remarks about Lenovo and Huawei were relatively sensitive, prone to public opinion, and inciting the emotions of netizens, but still released the涉案 Weibo without factual basis. The defendant knew that the涉案 Weibo was untrue content, but still let it spread and the public opinion ferment. The defendant had subjective fault. The defendant provided evidence to prove that the content of the涉案 Weibo was not his original creation, but whether other Weibo accounts released similar remarks or whether there were similar news reports was not related to whether the defendant in this case constituted infringement. Regarding the damage to Lenovo by the涉案 Weibo. Both Lenovo and Huawei are important private enterprises in the field of science and technology in our country. Under the premise of no factual basis at all, the defendant associated Lenovo with Huawei and fabricated the fact of their opposition, maliciously creating contradictions and seriously infringing Lenovo's right to reputation..
In accordance with Article 998, Article 1000, and Article 1024 of the Civil Code of the People's Republic of China, the court made the following judgments:
1. Within ten days from the effective date of this judgment, the defendant Zong Mou shall post an apology statement at the top position on the homepage of his Weibo account with the nickname @Universal Big Bear (UID: [1095240537]) to apologize to the plaintiff Lenovo (Beijing) Co., Ltd. and eliminate the impact, and keep it for 30 consecutive days. The content of the apology must be reviewed by this court (if the above judgment obligation is not fulfilled by the due date, then upon the application of the plaintiff Lenovo (Beijing) Co., Ltd., this court will choose to publish the main content of this judgment in the People's Court Announcement Network, and the publishing fee will be borne by the defendant Zong Mou);
2. Order the defendant Zong Mou to pay $100,000 to the plaintiff Lenovo (Beijing) Co., Ltd. for economic losses;
3. Order the defendant Zong Mou to pay $6,240 for notary service fees and $60,000 for lawyer fees to the plaintiff Lenovo (Beijing) Co., Ltd.;
4. Reject other claims of the plaintiff Lenovo (Beijing) Co., Ltd.
If the obligation of paying money is not fulfilled within the period specified in this judgment, in accordance with the provisions of Article 264 of the Civil Procedure Law of the People's Republic of China, the debt interest during the period of delayed performance shall be doubled.
The case acceptance fee is $5,931, which shall be borne by the defendant Zong Mou.